Hulbert v. Clark
New York Supreme Court
Appeal from judgment on report of referee. . Action by Lydia Hulbert and others, administrators, against William B. Clark and others. From a j udgment entered on report of a referee, defendants appeal.
1Opinion of the CourtDwight, P. J.
The action was for the foreclosure of a mortgage of real estate given to secure a simple contract debt evidenced by a series of eight promissory notes, the last of which became due more than six but less than twenty years before the commencement of this action. Also the last payment allowed as a credit on the notes was made more than six years before the commencement of the action, and more than six years before the death of the plaintiff's intestate, who was the payee and mortgagee named in the notes and mortgage. It is admitted that all of the notes except two, the sixth and eighth of the…
2Cases cited3 opinions
- Waltermire v. . WestoverNew York Court of Appeals · 1856
- Pratt v. HugginsNew York Supreme Court · 1859
- Kincaid v. RichardsonOneida County Court · 1881
3Cited by3 opinions
- Bank of Wildwood v. KerlSupreme Court of Florida · 1939
- Maxwell v. CottleNew York Supreme Court · 1893
- Futherer v. AngelidisAppellate Division of the Supreme Court of the State of New York · 1941